| Sanders v New York City Transit Authority |
| Motion No: 2009-11732 |
| Slip Opinion No: 2010 NY Slip Op 89519(U) |
| Decided on December 2, 2010 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M111831
E/sl
REINALDO E. RIVERA, J.P.
MARK C. DILLON
DANIEL D. ANGIOLILLO
LEONARD B. AUSTIN, JJ.
|
2009-11732, 2010-07596 James Sanders, respondent, et al., plaintiff, v New York City Transit Authority, etc., appellant, et al., defendant. (Index No. 34003/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to strike Point I of the appellant's brief on appeals from a judgment of the Supreme Court, Kings County, dated October 20, 2009, and an order of the same court dated January 28, 2010, on the ground that it improperly raises arguments for the first time on appeal, or, in effect, to enlarge the record to include the respondent's deposition testimony.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike Point I of the appellant's brief is denied without prejudice to raising in the respondent's brief the issue that Point I of the appellant's brief improperly raises arguments for the first time on appeal; and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., DILLON, ANGIOLILLO and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court